[Protest of DOE Subcontract Award for Commercial Data Communications Services]

B-250516.3: Mar 30, 1993

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A firm protested a Department of Energy (DOE) subcontract award for commercial data communications services, contending that the DOE subcontractor: (1) improperly accepted the awardee's bid, since the bid failed to meet the solicitation's material requirements; and (2) failed to conduct negotiations with all other responsive bidders. GAO held that the DOE subcontractor: (1) improperly accepted the awardee's bid, since it failed to meet the solicitation's material requirements; and (2) failed to conduct discussions with all bidders in the competitive range. Accordingly, the protest was sustained and GAO recommended that DOE: (1) revise its solicitation to accurately describe its minimum needs; (2) reopen negotiations with all bidders and request best and final offers; and (3) reimburse the protester for its protest costs.